chance to know him. you could be playing with a gay teammate that you don't know he is gay, and then what, after he retires you're going to retroactively hate him? >> reporter: the 49ers organization quickly issued a statement saying there is no place for discrimination in our organization at any level. we have and always will proudly support the lgbt community. culliver's apology came minutes later, reading those discriminating feelings are truly not in my heart. further, i apologize to those i have hurt and offended. the quick reaction may be from an old playbook. the 49ers got caught with a homophobic internal video in 2005. >> i think since 2005 in that original incident, they have been very engaged in the community. >> reporter: neil juliano was the national president against gays and lesbians against defamation, or glad, when the team decided to change its culture. he said while the team made progress, there is still work to be done. >> homophobia in sports really is one of the last cultural issues part of our society that we still have to deal with.

so i do view this as an opportunity. >> reporter: the community does have one supporter in the super bowl lineup. santa cruz native and baltimore ravens linebacker brendan says he supports legalizing same-sex marriage. while some players disagree with his politics, he believes the nfl is ready for an player. >> i think they may disagree with same-sex marriage, but i think they treat players equally. >> reporter: now, in 2005, owners and executives came here to the san francisco lgbt center for community meetings. tonight the 49ers remain very supportive of the community. we'll have to wait and see if these comments lead to more meetings here in the castro. reporting live in san francisco, jean elle, nbc bay area news. >> okay, jean, thank you. only on nbc bay area news, former 49ers lineman kwame harris is reacting tonight to culliver's comments. harris made headlines you might

recall earlier this week when it was revealed he is gay. harris released a statement exclusively to us. it reads, quote, it's surprising that in 2013 chris culliver would use his 15 minutes to spread vitriol and hate. i realize these are comments that he may come to regret, and he may come to see that gay people are not so different than straight people. the 49ers also had a similar incident in 2002 when former running back garrison hearst made anti-gay remarks. well, on a lighter note, a couple who is also making headlines jack and jackie harbaugh, the most talked about parents in america. comcast sport net's david feldman talked to them exclusively. >> everyone wants to talk to jack and jackie harbaugh. and i had the chance to do just that earlier today. >> jack, when you were driving them around in the back seat, and you would look around and say i don't care what we're doing, whose got it better than us, john told me was a little ticked he brought that to the

niners. >> the complete interview with the parents of jim and john harbaugh, coming up in sports. >> all right, dave. we'll catch up with him in about 15 minutes. stay with nbc bay area for complete super bowl coverage. we have the largest team of bay area photographers and reporters in new orleans, bringing you updated stories both on air and on line at nbcbayarea.com. is $1 million enough? it's a record fine. cal osha says chevron should pay $1 million for the richmond refinery fire in october. but chevron plans to appeal. nbc bay area's terry mcsweeney is in richmond this evening with the new details. terry? >> reporter: yeah, good evening. according to cal osha, there wasn't anything more they could do. this is the largest fine they have ever proposed. it's also the largest they could possibly do under the circumstances, all because of what happened at this refinery in richmond on august 6th. according to cal osha report, a series of violation that set the stage for what could have been injury and death. the smoke was everywhere that august day when the fire broke

out at the chevron richmond refinery. in nearby neighborhoods people were running, coughing, locking themselves up inside, many in fear. mike bracy tells me he was cared that day, and a million dollar fine seems low. >> they ought to be fined. and i think -- i don't think they're being fined enough. >> reporter: almost all of the 25 violations cited by cal osha were 100% preventible. >> chevron had not followed their own safety procedures or state law that is really necessary, especially in refineries. >> reporter: cal osha says chevron did not follow recommendations to replace the pipe that ruptured, had pervasive violations in procedures, did not see potential for catastrophic leak of ignitable fuel, and allowed workers to enter hazardous incident zone without protective equipment. and the list of citation goes on and on. richmond city councilman butts says the list goes on too long.

>> it kind of makes you wonder how someone who puts safety at their highest priority and has enough money to stand behind it could do so many stupid things. >> reporter: to some a $1 million fine does not seem sufficient for a company that claimed billions in profits in 2011. some hope bad press will lead to positive changes. >> we're what we're looking for is change. we're looking for a corporate safety culture that focuses on prevention. >> well, they're just people. and i think that anybody who expects them to run a refinery in a way that is any more responsible from any of us run our daily lives is just dreaming. >> reporter: chevron is also releasing this statement, and i read it just in part now. safety is a core value at chevron. we are learning from this incident, and we are confident that we are making the right moves to avoid a recurrence of anything like it in the future. and, again, it has 15 days to

appeal that proposed fine. live in richmond, terry mcsweeney, nbc bay area news. >> okay, thank you, terry. tonight for the 24th year in a row, dozens of people gathered in dublin to remember eileen misheloff. eileen was 13 years eeld when she vanished walking home from middle school in 1989. now again her parents and brother are leading a vigil march as they do every year. and they say they do it because wounds, some of them just time doesn't even heal them. >> you have your ups and downs. but it's really day to day. and just we have to remember that no matter what we are feeling, what pain we are feeling, it's nothing like i lien. they hold it in an effort to keep interest alive. an update in the kidnapping of kevin collins, the 10-year-old who disappeared waiting for a bus in the haight

almost 30 years ago. yesterday police searched a home and discovered bones under a concrete floor. the bones are now being tested. officials at this point say primarily, they look like animal remains. but they say a person of interest did live in that home when kevin disappeared. they haven't identified the person, but we do know that person has since died. police are not saying what led them now back to the home. a fight between neighbors in san jose ended in gunfire. tonight a 60-year-old man is in custody, and another man is in critical condition. the shooting happened just after 4:00 this afternoon on crucero drive in east san jose. you see the map here. it's right off 101. police say gabriel shot the victim several times in the stomach. when police arrived, he was lying on the ground, waiting for them to arrest him. >> he's had a long story of arguments with a few neighbors. like i've seen him. he comes to my house and knocks and say hey, never do business with the people in front of us because they're shady. and i've actually seen him on

saturdays, i wake up and i hear people yelling because he is actually screaming at the neighbors. >> the victim has not been identified, but is expected to survive. no word yet on what caused this argument. the three suspects charged with tying up an eld di almaden valley couple will be back in court tomorrow. james palmerson, santana, 18 and 19-year-old miguel are scheduled to appear in court. among the charges robbery, burglary, kidnapping, false imprisonment, and assault with a deadly weapon. a deputy district attorney says the districts carefully planned the attack on an elderly couple. >> these are very, very callous, dangerous criminals. they were very prepared. they thought about what they were doing. they executed it with, you know, some pretty cold-blooded details. i think these are very dangerous individuals. >> police believe the three suspects were also involved in a three-day crime spree in the bay area before last week's home

invasion. the east bay now, the clock is ticking, but the oakland police department will continue its partnership with the chp. the chp is working with the city to fight violent crime. that partnership was supposed to end later this week. tonight, though, chp announced that the alliance will continue for another 30 days. however, the state grant that paid for the chp's help will still end this week. oakland is now going after more state and federal money for the funding. well, after more than four years, a bittersweet homecoming for a lost dog. >> i'm george kiriyama live in mountain view. oreo has been on the run for years. he is now become home, but can't be reunited with his owner just yet. i'll tell you what is next for dog, coming up. also, a young 49ers fan waiting for a heart transplant has a special message for the team. we'll show you that message next. good evening. i'm laurence scott on the streets of new orleans. the crescent city is coming alive. the fans are arriving with the super bowl just days away. we're about to take you on a

tour that you won't soon forget all around new orleans. it's coming up in just a bit.

it was almost the perfect homecoming. a beloved dog lost for more than four years is found and brought back to his family. only not everyone is there for the emotional reunion. nbc bay area's george kiriyama joins us live in mountain view, where they're celebrating oreo's return, george. >> reporter: they are. and the latest here that oreo the dog will have surgery tomorrow morning. but he can't go home just yet. but this story clearly shows you should never give up hope. >> i had tears in my eyes, i couldn't believe it. i couldn't believe it after all

this time he came home. >> reporter: the word incredible can't even describe the emotions that the family feels tonight. instead, call it a miracle. because after missing for four and a half years, oreo, this boston terrier, is back home. >> it's amazing. i can't believe it. >> reporter: the dog actually belonged to annabelle who passed away last april. what a moment this would have been for her. >> i just wish the wife could have been here. she would have been a day for her. she never gave up. she always thought she would find him. >> reporter: oreo disappeared in the summer of 2008. he likely escaped through an open backyard gate. the family believes someone saw oreo and took care of him. >> you know, every time i saw a boston terrier, i always kind of looked and wondered. and just i kept hope. >> muscles are very thin. >> reporter: but doctors at alta view animal hospital believe oreo may have been hit by a car two months ago. >> one is a hip fracture. >> reporter: x-rays show the

injuries. >> there is a fracture in the hip area, and also the kneecap is -- the kneecap is out of place. >> reporter: the family believes oreo may have run away again, got hit by a car, and somehow survived on its own for two months. oreo was found wandering around a daly city storage facility. because of a microchip, oreo is back in the arms of his real family again. >> the dog is healthy. the doctor is going to make him well. and he is back in the family. and that's it. >> reporter: and the moral of the story here, get a microchip for your dog or cat, because that's the only reason why oreo is back home. we're live in mountain view tonight, george kiriyama, nbc bay area news. >> thank you, george. my dog is microchipped. back to our 49ers coverage now. proof that big things do come in small packages. jacob murphy is just 7 years old, but he already has a man cave in an unlikely place. he has turned his room at the lucille packard's children's hospital in palo alto into a 49er fan zone. take a look.

a heart defect means jacob will host his super bowl party from his hospital bed. now eventually he'll be in line for a heart transplant. but that's later on. for now it's all about the 49ers and his message for coach harbaugh. >> win. >> just win, huh? >> make the 49ers win. tell 'em to win. >> eventually his plan is when he gets his new heart to play football or to become a coach or be somewhere on the field with the players. and you know, whether it's a doctor or a coach or announcer, what not, his goal is to be on the field. some way, somehow. >> and maybe an nbc announcer. jacob predicts the 49ers, get this, will beat the ravens 34-0. that's a bold prediction. >> my money is with jacob. i think he is right. >> there is a reason why new orleans is hosted the super bowl more than any other city in history. much like the bay area, it's totally unique.

>> that it is. and nbc bay area's laurence scott hit the streets today to find out exactly what makes the big easy so special. >> reporter: hey, thank you. you know, new orleans is a city with an economy that certainly thrives on tourism. and even after hurricane katrina, which took place in 2005, they're still rebuilding here. and big events like this certainly do help. and the people, they really are glad to see you. take a look. ♪ new orleans is getting ready to shine in the international spotlight yet again with the super bowl. it's the tenth out of 47 total that the crescent city has hosted. and you don't find too many fans with split loyalties. who are you rooting for? >> split down the middle right now. i probably a little more 49ers. >> reporter: craig is part of a group helping bring wounded veterans to the super bowl. and everywhere you look in the french quarter, the energy is emanating from the street level activity. and the local flavor is starting to emerge. >> welcome to new orleans.

>> reporter: some wearing more 49ers and ravens gear than others. >> like from fredricks? >> i made this myself. i make all the costumes myself, except for the what you call it, the hardware of it. i make it all myself. and my bra has predicted the last three major sporting events in new orleans. >> reporter: and what is being called the har-bowl, you wonder if new orleans institutions like the court of two sisters would consider going by the court of two brothers. >> with the two coaches, yes, definitely. actually, the restaurant is court of two sisters is actually owned by two brothers. so we understand that here. >> reporter: and at all of the establishments catering to the visit visitors, they're thrilled to have people visiting their center. great hospitality and plenty of choice for the super bowl. >> how does this work? >> be nice to me, bonus points. sit for pictures, bonus points. and whoever does the best is going to win the game. >> here we go.

>> bingo. >> thank you very much much. >> it's helping san francisco already. >> reporter: already. we weren't wagering. we were helping increase the odds. there was a 50 on the ravens side. and the city is starting to come to life. and i tell you what, the fans are soon to arrive in droves. we'll keep you posted right here from new orleans. i'm laurence scott. we'll send it back to you in the studio. >> is that a work expense, an nbc reimbursement? >> he could have given him at least a five. don't you think? >> that would have been nice that would have been nice. all right. let's get the weather picture here. as we head throughout tomorrow, we are starting to see the winds slacking up a little bit. they're going to be turning more offshore as we head toughout tomorrow, and that is going to help the temperatures to continue to warm on up. let's take you outside to the live hd sky camera. you can see in san jose we have the haze. we have the clear skies. and it's an awesome night out there to view the stars out here in the silicon valley. right up to the north in san francisco, no fog here tonight and no problems if you're traveling from the north bay

down to san francisco. some of the coldest temperatures up into the north bay, with 39 in petaluma, 44 napa, 39 fairfield and currently 49 in san jose. what we have happening down here in the south bay, a little bit of wind helping to keep the temperatures warmer, especially in santa teresa, campbell and also in cupertino. and speaking of warm, as we head throughout the next two days, high pressure anchored out in the pacific is going to continue to keep its lockdown on us throughout thursday, friday, even parts of saturday. no sign of any rainfall here for about 2,000 miles as that storm track lives right off into alaska. we also have this slight offshore wind tomorrow. that's going to keep it mild. and that's really what is go going to be helping us to get the temperatures in the upper 60s to near 70 degrees. it's going to be warm as we head throughout thursday, but that is going to peak out through friday. santa cruz expecting 70. saratoga with 6. now here is the other side of thing. san jose only had seven days of rain in january so far with

0.69. and for january we averaged 2.81. not even a quarter of what we should have when it comes to the rainfall. event by in the seven-day forecast the chance of rain are going to be increasing. for tomorrow, 36 in santa rosa. 37 in napa. 36 in concord. 42 in fremont and san jose, with 41 in los gatos. and for tomorrow, we're going to see the daytime highs warm up in the south bay to the upper 60s. it's going to be really nice through the afternoon hours. this is going to be one of the warmest spots on the map with 70 in gilroy, 70 in santa cruz. 68 in san jose and also 68 in los gatos. not quite as warm with plenty of low to mid-60s here. 62346 dublin. 62346 the castro valley. and double 6s back for hayward. san francisco, 6 for you. 66 in san rafael. and 67 expected in sonoma. time now for that toyota tahoe snow report. and here you can see up across the sierra, we're expecting temperatures in the low to mid-40s. also, plenty of sunshine with a snow base of 26 inches and at

alpine meadows also looking at a snow base of 60 inches. a little better when it comes to the snow base at alpine meadows. it stays sunny friday and saturday temperatures drop off a little bit this weekend and how about that next possibility of rainfall. we've got it coming for you as we head throughout next week. clouds increase by tuesday. and then we have a chance of some showers here by wednesday. it looks like a decent shot at a storm system. so we need that rainfall, and it's going to be much welcome. i'm thinking about how to get away with shorts at work tomorrow. it's going to be so nice down here in the south bay. i'm not sure it's going to work out. >> how do we know you're not wearing shorts right now? >> i need to have them framing me from here up and i can get away with it. what do you think? >> we'll discuss this off camera. >> why not?

some california lawmakers want to allow school districts to use education funds to train teachers to carry guns. republican assemblyman tim

donnelly says his new proposal would help protect schools from violence. the bill he is introducing is modelled after the federal air mall shall program which assigns armed plainclothes air mall shalls to flights to guard against terrorism. we'll be back in a moment with sports.

i'm dave feldman in new orleans. the j. harbaughs are in popular demand. yes, there is jim, yes, there is john. but don't forget jack and jackie, the parents of the two super bowl head coach participants, who i spoke with earlier today. >> as a mom, how hard is it to watch your two boys going at each other, knowing one is going to win? >> well, i just think -- i kind of think in the moment. you know, i'm not even comparing or anything like that. i'm thinking in the moment of what is happening out there and what they're both going through. that's what i'm thinking about at that time. and hoping that it's a

well-played game. and i don't have anything profound to add. >> the thing, jackie, everyone says that jack harbaugh was their role model. in school jim says it's great that our dad was our hero. and john says the same thing. but jack always says they get the passion and the reason they're a little fired up is because of jackie harbaugh. >> i just think that we both have a lot of passion for what we do. and i think that my role has been always that i make sure that my sons and my daughter respect what jack does and understand what he does as a father. and that's the most important thing for me as a mother, that they understand that. and they do respect that, and they do love them so much. >> jack, when you were driving them around in the back seat and you would look around and say i don't care what we're doing, whose got it better than us, john told me was a little ticked

that he brought to it the niners. >> i think he shared that with me as well. i saw john got one in attack the day with enthusiasm unknown to mankind. >> john uses too. >> john sneaked that into his press conference today, trying to get a one up on jim. >> i think that one we used to say more than anything. >> the attack the day. >> attack the day. and the interesting thing about that statement is that we've had other parents call us and tell us that they have used that with their children. and they say what a great thing to be able to say to their kids to have a positive outlook on your life. >> jackie harbaugh says she du not know where her and jack will sit during the games, but she does know she will be wearing neutral colors. i'm dave feldman in new orleans. the news continues after this.

okay. all over the bay area, even parts of the country, we've seen a lot of fans paying tribute to the 49ers. >> but here is a uniquely san francisco tribute from the cast, of course, of "beach blanket babylon." ♪ ♪ 49ers know that their dreams will come true ♪ ♪ we will be champions again >> the performance obviously in honor of jim harbaugh. colin kaepernick, frank gore and the rest of the team as well. >> great. >> you see harbaugh's docker pants with his shirt tucked in. >> it looks just like him. >> it does. >> all right. that's going to do it for us this evening. thank you very much. we hope to see the you tomorrow. >> bye-bye.

>> jay: hey, thanks for coming. you've been really charitable lately. i heard you gave lindsay lohan $100,000 to pay her taxes. isn't that kind of a waste, with her track record? >> well, c0me on, jay, it's not like i'm lighting cigars with $100 bills, you know? [ laughter ] jay, it's a cigarette! >> announcer: it's "the tonight show with jay leno," featuring rickey minor and "the tonight show" band. tonight, jay welcomes -- charlie sheen, from "silver linings playbook," oscar-nominated director david o. russell, the music of holly williams, and "products that should never merge." and now, jay leno!

[ cheers and applause ] captions paid for by nbc-universal television captions by vitac www.vitac.com ♪ [ cheers and applause ] >> jay: thank you very much. welcome to "the tonight show." nice to have you all here. hey, listen to this -- [ cheers and applause ] thank you. now, i don't -- i don't know how many of are you married. but, listen to this. according to a new study, nagging -- nagging, is the number one cause of divorce.